NY State Senate Bill 2021-S3963

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 01, 2021	referred to codes

co-Sponsors

2021-S3963 (ACTIVE) - Details

See Assembly Version of this Bill:: A6017
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §125.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6633, A8524
2023-2024: S6707, A4661

2021-S3963 (ACTIVE) - Summary

Provides that being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than eighteen years old, he or she intentionally causes the death of such person.

2021-S3963 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3963

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the penal law, in relation to enacting "Paula's law"

 
PURPOSE:

"Paula's Law" is designed to ensure that persons who molest and then
murder a child under the age of eighteen will never be released from
prison.

 
SUMMARY OF PROVISIONS:

Section one establishes the short title of this act, "Paula's law".

Section two states that in enacting this bill, it is the intent of the
legislature to expand "Joan's Law."

Section three amends Subdivision 5 of § 125.25 of the penal law, expand-

ing the age range of victims protected under Joan's law from under 14
years-old to under 18 years old.

Section four establishes the effective date

 
JUSTIFICATION:

Currently, in New York State, there is no parole available to those who
sexually assault a child under age 14 and leads to the child's death.
This legislation, named for Paula Bohovesky, would expand that age range
to a child under the age of eighteen.

In 1980, sixteen-year-old Bohovesky was attacked and killed by Richard
LaBarbera, now 66, and Robert McCain, now 56, as she was walking home
from the library where she worked part-time in Pearl River. Both LaBarb-
era and McCain were convicted and sentenced to 25 years to life for the
murder. In May 2019, a parole board voted to release LaBarbera in July.
McCain had an interview with the Board of Parole the week of June 10 and
was eventually denied parole on June 24, 2019; his next parole hearing
will be in June, 2021. This legislation would prevent the parole of
anyone who sexually assaults and murders a child under 18 years old.

This is an expansion of "Joan's Law" which was enacted in 2004 and
denied parole in these circumstances for child victims under the age of
fourteen. Joan D'Alessandro was 7-years-old and disappeared after deliv-
ering Girl Scout cookies to the Hillsdale home of a high school science
teacher who later confessed to her murder.

 
LEGISLATIVE HISTORY:

2019-20: S6633 - Committed to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2021-S3963 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3963
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to enacting "Paula's law"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 "Paula's law".
   § 2. Legislative intent. This act is an  expansion  of  "Joan's  Law",
 enacted  in  2004,  which denies parole in these circumstances for child
 victims under the age of fourteen. This act expands upon "Joan's Law" by
 including child victims under the age of eighteen.
   § 3. Subdivision 5 of section 125.25 of the penal law, as  amended  by
 chapter 320 of the laws of 2006, is amended to read as follows:
   5. Being eighteen years old or more, while in the course of committing
 rape  in  the  first, second or third degree, criminal sexual act in the
 first, second or third degree, sexual abuse in the first degree,  aggra-
 vated  sexual  abuse  in  the  first, second, third or fourth degree, or
 incest in the first, second or third degree, against a person less  than
 [fourteen]  EIGHTEEN years old, he or she intentionally causes the death
 of such person.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08315-01-1

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Senate Bill S3963

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S3963 (ACTIVE) - Details

2021-S3963 (ACTIVE) - Summary

2021-S3963 (ACTIVE) - Sponsor Memo

2021-S3963 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3963

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Sponsored By

Elijah Reichlin-Melnick

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Mike Martucci

Peter Oberacker

Robert G. Ortt

2021-S3963 (ACTIVE) - Details

2021-S3963 (ACTIVE) - Summary

2021-S3963 (ACTIVE) - Sponsor Memo

2021-S3963 (ACTIVE) - Bill Text download pdf

Comments